Asa
Hutchinson
Administrator
Drug Enforcement Administration
Opening Statement
Yale University Law School Debate with
New Mexico Governor Gary Johnson
"The Past, Present, & Future of the War on Drugs"
November 15, 2001
New Haven, Connecticut

Asa Hutchinson
Administrator

Gary Johnson
New Mexico Governor

Yale University
Law School

"Do we want a future in
which...our educational
system is handicapped?"
-Asa Hutchinson

Heroin

Marijuana

Yale
Law School
Federalist Society

"Terrorists...understand that
drug use erodes the values of
Western Civilization."
-Asa Hutchinson

"Cocaine use is down by 75
percent in the last 15 years."
-Asa Hutchinson

LSD tablets

Opium Poppy

Governor Johnson,
greetings to you and thank you for your participation in this debate.
I want to thank Yale Law School for hosting it, and particularly the Yale
Law School Federalist Society, for the invitation you extended to me.
I appreciate so many students and members of the community being here
for this important discussion.

I think from listening
to Governor Johnson and from what we know about the drug battle that we
face in our society, that this is not a problem that has a quick fix.
Wed like to have that. But theres not a panacea out there.
Thats not the nature of entrenched social problems. Weve been
engaging in our anti-drug efforts in this country not for 20 years, but
for 120 years.

Let me start by asking
how many here believe marijuana should be legalized (show of hands). I
just want to see what my burden of proof is tonight (laughter). I also
wanted to make sure these DEA agents up here didnt raise their hands
(laughter).

This year, I was
serving my third term in Congress when President Bush called and asked
me to head up the federal Drug Enforcement Administration. That was an
unusual call, one I didnt expect. But one I ultimately said yes
to. I said yes because it was the President asking. But I
also said yes because I believe in the importance of this
issue to our nation, and I believe that our nation should resist drug
use as a path to our future.

Governor Johnson
has been very consistent in his statements that he believes marijuana
and other drugs are handicaps. Thats why he admonished
everyone here not to do drugs. He understands that they are handicaps,
that they are harmful. I believe the issue is what kind of future we want
for the next generation. Do we want a future in which the productivity
of our nation is handicapped? Our educational system is handicapped? And
our service to others is handicapped by drug dependency? Drug dependency
that weakens individuals, destroys communities, and shatters families?

If we as a nation
want to discourage drug use that harms not just individuals, but society
as a whole, how do we do it? Well, I believe that we do it through the
lawby the law saying it is wrong because it is harmful. Our laws
reflect the values of society. The law is the master teacher and guides
each generation as to what is acceptable conduct. Our laws have to be
enforced. Im proud of the Drug Enforcement Administration and the
police officers across this country who risk their lives to enforce our
laws.

But beyond those
guiding principles established by law that drug use and trafficking ought
to be criminal conduct, we should have an ongoing debate as to how we
can do better in our country on drug policy. Is there a better way to
discourage drug abuse? We ought to talk about education and what more
we can do on the prevention side. We ought to talk about treatment, and
how we can close the gap, so that there are more facilities for those
who need treatment. We need to encourage the development of drug courts.
New Haven has a mentor drug court established by Judge Simone, and is
an excellent example of a new idea thats working in our fight against
drugs. We ought to reexamine the present ban on student loans for those
with prior drug convictions. This needs to be changed to deal only with
current convictions. We ought to erase racial disparities in policing
and sentencing policies.

Those are fair debates
for our drug policies. But we should recognize that drug legalization
would be a social catastrophe for our country. The legalizers present
three basic arguments to support their cause:

1. Individual freedom
demands it.
2. The drug war has been a failure.
3. Legalization would reduce the cost of enforcement and incarceration.

Lets look at
these, and I challenge you Yale students to look beyond the easy statements
made in the rhetoric.

First of all, in
terms of freedom. How many of you believe in seat belt laws? (show of
hands). It looks about the same number that support marijuana legalization.
Well, if you support seat belt laws, drug laws should not be any problem.
The Federalist Society says its committed to the principle that
the state exists to preserve freedom. I applaud that, and I would argue
that the state should protect not just individual freedom, but the collective
freedom. Drug use harms the family and the community, as well as the individual.

But, ladies and gentlemen,
it also endangers democracy. The essence of our democracy is that freedom
is maintained by individual participation, individual sacrifice, and common
values. The drug culture erodes and destroys everything that is necessary
for democracy to work. When someone is overtaken by drugs, he is not thinking
about what he can do for others, for the community, for the family, for
our common values. He is simply trying to get the next fix on drugs. We
give up freedom when we addict ourselves to drugs.

This fact is not
lost on the terrorists. They understand that drug use erodes the values
of Western Civilization, and they do not hesitate to send dangerous drugs
in our direction. Our common freedoms and our cherished democracy cannot
survive in a culture of drug use, and so the drug issue is important to
our nations future.

Secondly, they say
were losing the war on drugs. Well, were not losing when youre
talking about Jennifer Malloy of Youngstown, Ohio. This young woman recently
graduated from a one-year drug court program. She had been convicted of
breaking and entering. She had a cocaine addiction problem. Instead of
going to prison, she opted for treatment through a drug court, which got
her the help she needed and held her accountable for her recovery. During
the graduation ceremony, she hugged the judge, then turned to the arresting
officer and said, Sir, thank you for arresting me and saving my
life. And so for her, the drug war is a victory. Its not a
losing battle.

Drug use over the
last 20 years has been reduced by half. Cocaine use is down by 75 percent
in the last 15 years. Those are just statistics, but perhaps its
one of your family members that is part of those victories. We should
not judge this social problem differently than other social problems.
We are making a difference in this effort.

The third argument
that is presented is that legalization would put the cartels and drug
dealers out of business. Nonsense. If you legalize marijuana, the dealers
still have cocaine, methamphetamine, heroin, Ecstasy, and all the other
abused drugs. Even if you broaden it, and legalize heroin or cocaine,
youve still got methamphetamine and Ecstasy. And if you legalize
everything, the dealers will offer a better, cheaper high. Theres
always going to be the black market, and theres always going to
be criminal organizations looking to profit off others misery. Legalization
will not reduce enforcement costs so long as theres cocaine, heroin,
methamphetamine, ecstasy, or LSD of a higher purity. Legalization will
not reduce enforcement or imprisonment costs. Our enforcement efforts
would still be necessary.

Finally, we need
to learn from history. 120 years ago, heroin and cocaine were legal and
plentiful. What was the result? Addiction and crime problems were at an
unprecedented high level. In 1880, there were over 400,00 opium addicts
in our nation. Thats twice as many per capita as there are today.
Our nation has tried legalization. And what did it lead to? Increased
drug abuse and social costs. There is no quick fix, ladies and gentlemen.

History teaches us
that in a time of national emergency, and we have seen that since September
11, a nations moral values are clarified. World War II is a good
example of that. After Pearl Harbor, we experienced the lowest level of
drug use in our nations history. Moral values were clarified. Responsibility
was emphasized. And so it is my hope that your generation will lead this
nation away from drug dependency and toward responsibility and a more
secure freedom. Thank you. ##